HomeMy WebLinkAboutRESOLUTION - 42-91 - 8/27/1991 - ANNEX. ARGMT/ELBETHEL CHRISTIAN CENTERRESOLUTION NO. 42-91
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND THE ELBETHEL CHRISTIAN CENTER
WHEREAS, on July 30, 1991 a public hearing was held pursuant
to Chapter 24, Section 11-15.1-1 et seg. of the Illinois Revised
Statutes to consider the approval of an Annexation Agreement bet-
ween the Village of Elk Grove Village and Elbethel Christian Center;
and
WHEREAS, as a result of the testimony and evidence presented
at said public hearing, the President and Board of Trustees of the
Village of Elk Grove Village find and believe it to be in the best
interest of the Village that the Annexation Agreement between the
Village and Elbethel Christian Center be approved.
NOW, THEREFORE BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook
and DuPage, Illinois as follows:
Section 1: That the Village President be and is hereby autho-
rized to sign an Annexation Agreement between the Village of Elk
Grove Village and Elbethel Christian Center, a copy of which is
attached hereto and made a part hereof and the Village Clerk is
authorized to attest said documents upon the signature of the
Village President.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES: * 7 NAYS: 0 ABSENT: 0
PASSED this 27th day of August 1991.
APPROVED this 27th day of August 1991.
APPROVED:
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
* AYES: President Zettek, Trustees Bosslet, Chernick, Czarnik,
Gallitano, Petri, Tosto
dM
ANNEYAT,I ON,,,._AGREE.M.E,NT.
THIS AGREEMENT, made and entered into this 7th day of
July, 1991, by and between the VILLAGE OF ELK GROVE VILLAGE,
a municipal corporation organized and existing under and by
virtue of the laws of the State of Illinois (hereinafter
referred to as "the VILLAGE") by and through it's President
and Board of Trustees (hereinafter referred to collectively
as "the Corporate Authorities"), and ELBETHEL CHRISTIAN
CENTER, a religious not for profit corporation organized and
existing under and by virtue of the laws of the State of
Illinois (hereinafter referred to as "the OWNER").
RECITALS:
WHEREAS, ELBETHEL CHRISTIAN CENTER is the owner of
record of certain real estate consisting of approximately
3.2 acres more or less legally described as follows:
The south 267 feet of the north 1602 feet of the west 75
acres of the east half of the northwest quarter of section
36, township 41 north, range 10, east of the third principal
meridian, except that part described as follows: commencing
at the southwest corner of the east 1/2 of the northwest 1/4
of said section 36; thence north 00 degrees, 08 minutes, 26
seconds east along the west line of the east 1/2 of the
northwest 1/4 of said section 36, a distance of 1070.74 feet
to the south line of the south 267 feet of the north 1602
feet of the west 75 acres of the east 1/2 of the northwest
1/4 of said section 36; thence north 87 degrees, 31 minutes,
04 seconds east, along said south line of the south 267 feet
a distance of 518.0 feet to the point of beginning; thence
continuing east along the last described line a distance of
707.38 feet to the east line of the west 75 acres of the
east 1/2 of the northwest 1/4 of said section 36; thence
north 00 degrees, 08 minutes, 26 seconds east along said
east line of the west 75 acres, a distance of 267 feet to
the north line of the south 267 feet of the north 1602 feet
1
of the west 75 acres of the east 1/2 of the northwest 1/4
of
said section 36; thence south 87 degrees, 31 minutes, 04
seconds west along said north line of the south 267 feet,
a
distance of 719.60 feet to a point; thence south 02 degrees,
28 minutes, 56 seconds west a distance of 266.72 feet to
the
point of beginning, in COOK COUNTY, ILLINOIS.
Said property hereinafter referred to as "the PROPERTY".
WHEREAS, said real estate is not located within the
territorial limits of any municipal corporation, and is
contigious to the corporate limits of the VILLAGE; and
WHEREAS, OWNER desires to annex said real estate to
the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS upon the terms
and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the premises and
of
the mutual covenants and agreements herein contained, IT IS
HEREBY MUTUALLY AGREED by and between the undersigned as
follows:
1. ST.ATUTORY..,.,_AUTHOR,ITY,, This Agreement is made pursuant to
and in accordance with the provisions of Illinois Revised
Statutes, 1989, Chapter 24, Section 11-15. 1-1, et seg.
2. PE.TI.TION,.,,_F,OR,....AN,NE„YAT,EON. The OWNER has filed with the
Village Clerk a proper petition for the annexation of the
subject property to the VILLAGE OF ELK GROVE VILLAGE,
ILLINOIS, conditioned upon the terms and provisions of this
Agreement.
3. ANNE .kAT,ION...,,ORD,I.NANCE. The Corporate Authorities upon
the execution of this Agreement, shall within thirty (30)
days after the date hereof, enact an ordinance annexing the
Property to the VILLAGE.
4. Z.O.N.NG. Immediately after the passage of the ordinance
annexing the subject property, the Village shall:
A. Classify the subject property, pursuant to Section
2.4 of the Zoning Ordinance of the VILLAGE, automatically as
R-3 Residential district, which is the zoning classification
ascribed to the subject property upon the offical map and
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comprehensive plan of the VILLAGE. It is understood and
agreed that no petition or public hearing or other action
need be taken by or on behalf of OWNERS to obtain said R-3
zoning classification, once the subject property is annexed
to the VILLAGE. It is further understood and agreed that
the effective date of said annexation shall be the date upon
which the annexation ordinance is passed and approved by the
Corporate Authorities.
B. Issue a special use permit for the subject property
so it may be used for a church and related purposes.
5.F,E,E,S,.AND.,,_,R,ECAP.TURE. In recognition of the charitable
use of the subject property by the OWNER for church
purposes, the VILLAGE agrees to waive building fees, sewer
connection fees, water connection charges, sewer and water
inspection fees, engineering fees, annexation fees of
$500.00 per acre to the Municipal Purpose Fund, and the 10%
land dedication requirement. OWNER shall be responsible for
the water meter charge, the actual cost of publishing the
legal notice for the annexation hearing, the court reporter
fee for the annexation hearing, and all document recording
costs. In addition, OWNER shall be responsible for the
pro -rated share assessed against its property by the Village
for off-site sanitary sewer improvements pursuant to a
recapture ordinance to be adopted by the Village at a later
date.
6. SUBJ,ECT_.... PROP,E.BT.Y.....IM,PRO.VEM$NTS,. OWNER agrees after the
adoption of the Annexation Ordinance to make the following
improvements to the subject property within the time frames
stated:
To.._be completed. within„60.,,.days _o,f,. annexation
1. Fill blank spaces in electric panel;
2. Provide signage for existing handicapped parking
stalls; and
3. Attach address numbers to the building which are
J
visible from the street.
Items tobecomp1et edwithin29arso f annexation..-,..
...... ,„_.. .._. ,..., . _..._,,,,_
1. Complete fire and smoke alarm systems. Include
manual pull stations as required by code with a
connection to the Fire Department Communication
Center or an alternative as approved by the fire
chief, and install a knox box as required by code;
2. Provide all specified storage and workshop areas
with an approved sprinkler system;
3. Install emergency and exit lighting at all means
of egress and connect to a one-hour emergency
power system;
4. Repipe heating unit exhaust vents to comply with
applicable village codes;
5. Install a concrete sidewalk along the east side of
Meacham Road from the south end of OWNER'S
property to the north end of said property. The
sidewalk shall be installed at the time of the
installation of the sidewalk on the property
immediately south of OWNER'S property or two years
from the date of annexation of OWNER'S property,
whichever is the first to occur; and
6. Bring water and sewer utilities to its property.
Item st o_., ....... l,e,t,e d,.... w .th, i n5„_..y e a.rso fan n e x a t. o,n,,,,,
1. Connect to VILLAGE potable water system, cap
existing well, and install backflow preventer if
none exists. In conjunction therewith, fire
hydrants will he installed along the North side of
the property at intervals not to exceed 300 feet.
Said fire hydrants will be serviced by a water
main which shall be of a size as determined by the
VILLAGE.
2. Connect to VILLAGE sanitary sewer system and fill
existing septic field, unless an extension of time
is granted by the President and Board of Trustees.
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7. APPRO,VAL..,_,O.F,,,._PAR,fi_ING,,.,__P_LAN.,,._BY.._VILLAGE. Immediately upon
the annexation of the subject property, the VILLAGE shall
approve and accept OWNERS parking plan for projected
expansion. The OWNER presently has 78 parking spaces for
approximately 300 sanctuary seats. It is OWNERS intention
to expand at some future date, through remodeling and
construction, it's existing seating in the sanctuary to
1,200. To conform to VILLAGE parking requirements, VILLAGE
hereby agrees and covenants that it will accept, as OWNERS
additional parking, the use of 250 off-site parking spaces
granted by the adjacent property owners to the east of
OWNERS in perpetuity. A copy of the grant for off-site
parking is attached hereto as Exhibit A. VILLAGE further
agrees that the use of said parking spaces will constitute
complete compliance with VILLAGE parking requirements
pertaining to said 1,200 seat sanctuary.
8. Va_r_,an.ce,s. A variance is hereby granted to allow OWNER
to connect to a private watermain, to be installed under
Meacham Road by Hamilton Partners, for the purpose of
providing water to OWNER's property. If OWNER elects to
make such connection in lieu of installing a separate
service line under Meacham Road pursuant to Section 6 above,
then OWNER will connect its property and building to the
private watermain concurrently with its installation. OWNER
shall also cap the existing well, install back flow
preventers if none exist, and install fire hydrants along
the north side of its property at intervals not to exceed
300 feet. The fire hydrants will be serviced by a water
main which shall be of a size as determined by the VILLAGE.
9. W,a_t_e,r,,,_,and_.._S,ewe_r___I„n s t_a_l,l,a,t_i o_n.,., Water and sewer
installation shall be done in accordance with engineering
plans prepared by OWNER and approved by VILLAGE.
10. D.A,_sannexati_on.,,., Should the Kunas parcel not annex to
the VILLAGE and the purchase of a parcel of OWNER's property
by Hamilton Partners not be consummated, then OWNER may
petition to disannex and the VILLAGE will not object to
OWNER's disannexation.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this 27th day of August , 1991,
the same being done after public hearing, notice and
statutory requirements having been fulfilled.
ATTEST:
Patricia S. Smith
Village Clerk
Corporate Seal
Secretary of the Corporation
VILLAGE OF ELK GROVE VILLAGE
By: Charles J. Zettek
Village President
OWNER:
ELBETHEL CHRISTIAN CENTER
8
Corporation Chairman
Treasurer